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S1010................................................by JUDICIARY AND RULES
JURY SELECTION - Amends existing law relating to jury selection to provide
correct terminology.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 30-0-4(1 vacant)
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lodge, Noh, Richardson, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams,
NAYS -- None
Absent and excused -- Branch, Darrington, Lee, Risch
Vacant - Dist. #4
Floor Sponsor - Lodge
Title apvd - to House
02/05 House intro - 1st rdg - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 62-0-8
AYES -- Barraclough, Barrett, Bedke, Bieter, Bolz, Bradford, Bruneel,
Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wood, Young,
Mr. Speaker
NAYS -- None
Absent and excused -- Bell, Black, Boe, Gould, Mader, Marley, Smith,
Wheeler
Floor Sponsor -- Roberts
Title apvd - to Senate
02/19 To enrol
02/20 Rpt enrol - Pres signed
02/21 Sp signed
02/22 To Governor
02/27 Governor signed
Session Law Chapter 28
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1010
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO JURY SELECTION AND SERVICE; AMENDING SECTION 2-204, IDAHO CODE, TO
3 MAKE TECHNICAL CORRECTIONS AND TO PROVIDE CORRECT TERMINOLOGY.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 2-204, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 2-204. DEFINITIONS. As used in this act:
8 (1) "Court" means district and magistrate courts of this state, including
9 the magistrates division, and includes, when the context requires, any judge
10 of the court;
11 (2) "Clerk" and "clerk of the court" mean the duly elected and acting
12 county auditors clerk of the district court and ex officio clerks of the dis-
13 trict court auditor and recorder and their duly appointed deputies;
14 (3) "Master list" means the voter registration lists for the county which
15 shall be supplemented with names from other sources prescribed pursuant to
16 this act (section 2-206, Idaho Code) in order to foster the policy and protect
17 the rights secured by this act (sections 2-202, and 2-203, Idaho Code);
18 (4) "Voter registration lists" means the most current official records,
19 maintained by the county clerk, of persons registered to vote in any national,
20 state, county, or municipal election;
21 (5) "Jury wheel" means any physical device or electronic system for the
22 storage of the names or identifying numbers of prospective jurors;
23 (6) "Master jury wheel" means the jury wheel in which are placed names or
24 identifying numbers of prospective jurors taken from the master list (section
25 2-207, Idaho Code);
26 (7) "Qualified jury wheel" means the jury wheel in which are placed the
27 names or identifying numbers of prospective jurors whose names are drawn at
28 random from the master jury wheel (section 2-208, Idaho Code) and who are not
29 disqualified (section 2-209, Idaho Code).
STATEMENT OF PURPOSE
RS10586
This bill is one of a series of bills that the Supreme Court has
recommended in its annual report of "defects in the laws" to the
Governor as required under article V, section 25 of the Idaho
Constitution.
This bill amends the definition of "court" found in section 2-
204 (1) Idaho Code, to clarify that the magistrates division of the
district court is not a separate court. Idaho Code 2-204(1)
presently defines "court" in such a way as may mislead a person to
believe that the magistrates division of the district court is a
separate judicial entity.
Also, the present definition of "clerk of the court" in I.C.
2-204(2) is incomplete and conflicts with the state Constitution.
Under Article XVIII, Section 6 of the Idaho Constitution, the clerk
of the district court is :he ex-officio auditor and recorder. This
bill also amends I.C. 2-204(2) to reflect this definition of the
office.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE S 101